HomeMy WebLinkAbout_ Contract - Daniel H. Fox Jr - -
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CrTY OF DIAMONI� B�R
CITY MANAGEIt EMPLOYM�NT AGREEMENT
..�s�
Tl�is Enzployment Agreement ("Agreement") is rriade and entered into as af�his � �ay
of June, 2017, by and between the CITY QF DIAMOND BAR, a general law city ancf rnunicipal
corporation (l�ereinaft�r "Ci�y"), and DANIEL H. FOX, JR. (1�ereia�after "Einployee"), both of
wY�ai� �nderstand as follows: �
RECITALS
A. City desires to engage t�1e services of Ernployee, ancl Einployee ctesires to accept
employrnent as Ci�y Manager of the City.
B. The City Council desires to:
(l.) E��courage 1he hi�hest stanc�ards of fidelity and public service on the part
of Emplayee; and
(2} Provide a just means fQr terminating Employee's services at such time as
he may l�e unable f-ully to discl�arge his dl€ties, ar when City may desire
otl�ertivise to teaYninate his e�nployrnexzt.
C. The parties further desire to establish certain benefits and certain coi�di�ions of
Errip�oyee's employlnent.
NOW, THEREF�RE, ila consideration of the mutual covena��ts i�ereinafter contained ihe
parties agree as follows:
1. Duties. City appoints Erz��loy�e as City Manager of City to perform the functiolls
a�1d duties specif ed in Ci�y's Municipal �ode and the Governmei�t Code of the �tate of
California, axzd to perform sl�ch other legally perznissible and proper duties and funetions as the
City Council znay from tiine to time assi�n. Employee shaIl not coz�.sult or engage in other non�
City connected business or emp�oyment without the prior knowledge and exp�ess written
approval of the City Council.
2. Term. This Agreeme��t is efFective as of July 10, 2017 (the "Effective Date") ai�d
shall eontinue in effeet unless te�-n�inated as pravided in Section 3 �erein.
3. Termination and Resignation.
A. Noihing in this Agreement shall prevent, limit or otherwise interfere with
the right of the City Council to termi�zate, by a majority vote of the City Council, the
services of Employee ��vithout cause, at axiy time, subject only to the Ci�y providing
wrxtten notice to Employee, and complying with para�raph D of this Sectian 3. Notice of
terrninaiion sha11 nat be given duxing or within a period of ni�lety (90} days succeeding
any general n�u�ucipal election held in t1�e City af which merzzbers of the City Council are
electcd or when a new city councilmember is appointed.
B. Nothing in tl�is Agreement shal� pxevent, Iimit or otherwise interfere wzth
the r�ght of E�nployee�to resign at any time fiozn �is position with City, subject only to
Ezr�ployee providing thirty{30) days prior written natzce to the City.
C. Notwithstanding the proviszons of Paragraph A of this Sectian 3, in the
event EmpXoyee is tex�ninated by City for "cau�se," then Cify may terminate this
Agreement immed'zately and Employee shall be entitled fo only the compensation
acc�-ued up to th.e date o�'terminatian. As used in this section, "cause" shall mean any o�
the following:
(1} Conviction of any �elony.
(2) Conviction of a misdemeanor arising directly aut a�the City Manager's
duties pursua.nt to tlais Agreement.
(3} Conviction a�any cri��.�e involving morai tuipitude.
(4) An indict�nent is brougl�t by the Grand Jury.
(5) Willful abandanment of duties.
(6) A patte�of repeated, willfiil and intentional�ailure to ca�rxy out clear,
unambiguous, materially significant and legally constituted pplicy
decisions of tl�e City Councal�nade by the City Council as a body.
D. In the event Employee is t�rn�inated by the Citiy Council at any time that
Erz�ployee is still willing and able to perform the duties of City Manager, and the
termination is tivithaut cause as "cause" is defined in Paragraph C above, tk�en, �ubject to
tl�e Iimitations se�forth in Govemnzent Code Section 5326a, the City sha11 pay Employee
a lump sum cash payment equal to si� (6} rnanth`s aggz-egate salary and benefits. The
word "termulation" in this �aragra�h sha�1 ulclude a reductaon iia salary (other than an
across-the-board reductzan applicable to all Executive Management employees} or other
financial benefits of Err�ployee ar Eznpioyee's resignation, if preceded by a formal
request by a majority of tl�e City Council tha�he resign.
E. Effect of Payment af Severance/Release.
{1) This Section ap�lies only to tlle foilowing matters: (a) any rights af
Employee to receive severance benefits under this Agreement, (b) any
right of employee to continued eznploynnent with City, and (c) any claim,
demand, ar cause of action or damages fox wrongful termination
(collectively the "Released Matters").
(2) This Section does not otherwise affect, waive, nor release any ather rights
Employee may ha�e ua�der thzs Agxeen�ent, or applicable la�nr.
(3} Upor1 City's f€�11 paymeilt of severance bez�e�its to Ernployee and
Employee's acce�tance thereof, Employee (a) releases and discl�arges City
and its elected officials, appointed officers, employees, sub-contractors,
agents, accaunt�, attorneys, sL�ccessors ai�d all other �ersons acting �or,
under, or in concert with City both pas� and present from any and a�l
personal claims, demands, actions, causes of action, obligatians, daznages,
liabilities, losses, costs anci exp�nses, including attorney's fees of any kind
or natru-e Whatsoever, past, presei�t and fiiture, axi�ing from, relating to ot
in connection with tl�e Rel�ased Matters, and (b) agz•ees to waive any and
all claims, dernands, actions, causes of actiai�, obiigations, liabilities,
claims of creciits o� offsets, costs and expenses, including attainey's �ees,
of any kind ar i�ature whatsoever �s to �l�e Released Matters. As to the
Released Matters only, Einp�ayee acknawledges that lie has read and
understands California Civil Code � 1542 which sfafes:
"A general release does nof extend to the c�azx�rzs which a creditor
does not �cz�ow or suspect to exzst in his �avor at the time of
executing the release, which if known E�y 11im, must have
materially affected his settlement with the debtor."
The parties agree that fu11 payment of the severance benefits in t�is Agreezxient and Employee's
acceptance th�reof, acts as a eomplete and total release of a11 �uture clai��s which may arise out
of the Released Matters whether such claims are currently lcnown or unkno�rn, �oreseei� or
unforeseen, contii�gent or absolute; and as to the Released Mattexs the �arties intentionally and
specifically waive aa�y xig�ts they may have under the proviszons o�Civi1 Code § 15�2, as well
as under any other statutes or common law principles of similar �ffect, and each party a�stiirx�es
�ull responsibility for such injuries, damages, lasses or liabilitie� that any of�hem may �ereafter
incur with respect to the Released Matteis. Th�s section will survive termination of the
Agreernent.
Pursuant to Govexnzx�e�t Code §§ 532�-3 et seq., any sevexance parovided Employee under
this Agreement �n�.st be reimbu�sed ta City i�Emplapee is convicted o�a crizx�.e involving abuse
of h�s City Manager positio� as defined by Goveri�nent Code § 53243.4. Pursuant to
Goven�nenf Code § 53243, if the City Council detennines, in iis sole discretion, to place
Employee on paid leave pending an investigation and such which invest�gation resul#s in
Emplayee being convicted of a crime invol�ing abuse of his offce, Employee shall fuily
reimburse the City aIl such paid leave within six montl�s af the canvictzoz�.
4. Revalvin� Employee �nust cornply with Go�ernmen� Code � $7406.3 �or a
period of ane year after separating from service with City. This �ection �vill survive termi��atian
of this Agreemenf.
5. Salary. Ef'ective July 10, 2017, the City agrees ta pay Einployee an annual base
salary of $210,000.00 {Two Hundred Ten Thousand Dollars), prorated and paid on �he City'�
norma� paydays far its em�loyees. Employee`s salary shall be re�lected in the City's employee
salary schedule. The City agrees to �aaintain En�playee's salary in a� aznount which is at least
15% higller than fhe salary far tihe Assistant City Manager.
City agrees to pay Emplayee a monthly car allowanc� of Five Hundred. Dallars ($500}
per mantll. Th� car allowance is intended to i°eimburse Employee far the us� of his private
vehicle for Cit� business. Employee �nust �rovide his own automobile for his us� in perfonniilg
lzis d�rties ax7d is responsible for all maintenance, repair, fuel and insurance expenses for said
vehicle.
Recognizing that Employee's duties require l�izn to be available to respond 24 hours a day
seven d.ays a week, inclu�.ing to emergencies, upon Err�ployee's one-year annivexsa.ty frorn tb.e
Effective Date, fhe City shall, u�on Employee's requesi, provide Employee with the use of a
vehicle a1�d shall pay for all costs and expenses of tile inaintenance and operation flf said vehicle
ather �han �uel. Ei�nployee shall l�ave unresfricted use of the vehicle. Employee's rnanthly car
allowance wili be terminated upon the City's provision of the vehicle.
At the tiine of his annual evaluation, City agrees to evaluate Employee's salary and/or any
other benefi�s Employee receives under �his Agreement an.d to �nake modifications in such
az��ounts at�d to suc1� an extent as City Council in its discretion may detennine �hat it is desirable
to do so.
6. Hours of Work. Em�loyee shall worlc a 9/80-worlc scheduie, meaning that he is
entitled to be off work on aTternate Fridays. That n.otwitlxstanding, Employee's duties �ay
involve expenditu�es of ti�ne in excess of nine (9) ho�.us per day, eighty {80) ho��rs per two week
periad, and will also include time outside narmal office haurs �ucl1 as attenda��ce a� City Council
ai�d other i�eetings. Employee shall be exempt from paid overtime compensation.
7. l�etirement and Benefits.
A. Retirement. Duri��g the term o� tl�is Agxeement, City shall
contribute to ez�aployex's and Employ�e's por�ian of Employee's membersY�ip i�� ti�e Public
Employees Retirement System. Ei�lployee shall pay any legaily required �ocial �ecurity
vvithholding.
B. Niedical and Other Iz�suxance. City shall provide EmpZoyee with trie same
kaealth in�u.i'ance, disability insurailce and life insurance benefits as is provided to Executive
Mai�agement einployees of the City to be applied towards a cafeteria plan for purchase o�
l�ealth, dental, vision, life i�isurane� and ather siinilar bezlefits at Einployee's ��ection.
C. Other Iz�su�ance. City s�ali provide and pay for al1 other insurance n�a��dated
by State law.
D. Deferred Compensation. City si7all contribute $7,500 to tl�e City's 457 ICMA-
RC Deferred Cam�ensation Plan during the first year of t�is Agreement. After Empioyee's
first a�inual az�ivexsaxy, City sha11 contribute $15,OQ0 per year to the Ciry's ZCMA-RC
Defezx-ed Compensation P1an on behalf of Employee.
E. Terrnination of Benefits. Notwitlls�anding the �oxegoing, City's obligation to
�ay Employee health benefits, i��cluding depend.ents, ternunates upon the einployment of
Einployee by another employer on the date such benefrts are effective for Employee.
8. �ick Leave, Vacatio� azld Holidays.
A. Leave. Employee sha.11 be entitled to sick leave, vacation leave, adminis�rative
leave, floating holiday and bereavement leave in t�ie sarne manner as Executive Management
emplayees of the City. Employee shall accrue Iea�e time at the same monthly rate as pravided ta
E�ecutive Management employees with Employee's tenuxe. Notw�ths�andi�g the �oregoiz�g,
Employee shall be credited with an additional 4Q hours oF sick leave �pon the E�fective Date For
the first yeaz of this Agreement or�y. Employee s1�a11 be credited with an additional 40 hours of
vacation leave,upon the Effective Date for t�1e first year of this Agreenlent on1y.
B. Holidays. Employee shall be entitied to the same number of paid holidays per
year as provided�o other City employees.
9. Professianal Dev�loprnent. City agrees to budget �ar and pay �xave� and
subsisterzce expenses of Emplayee for prafessional travel, offic�al travel, ineetings riecessary ta
pursue a�fzcia� and other fi.ulctions for the Cit� and to continue professional development of
Emplayee,to the extent deemed reasonable by the City Council.
10. Mernberships. City agrees to pay Employee's zne�i�;bership dues in t��.e
International City Management Association ("ICMA"), California League of Cities and other
sinli�ar organizatians to which Czty is a meir�ber, at City expeiise vvith prior City approvai,
Employee shall have a reasar�able right to attiend �r�eetings of such organizations. City agrees to
pay �or such other praf�ssional mernbership dues and subscriptions as are a�proved in advance
by the Cify Council.
I1. General Expenses. City recognizes that certazn extraordinary expenses o� a
r�onpersonal and job a��'iliated nature may be incurred by Employee. City agrees to reinlburse
Emplayee for reasonable expenses r�vhicll are subrnitted to the City Council within thirty (3Q)
days for approval and which a�e supported by expense receipts, statements or persona� af�'icl.avits,
and an audit thereof in like manner as other de�nands against the City.
12. Evaluation o�Perfarmance. On or about the tiwelfth (12th)�inonth ani�iversary o�
the comznencernent of this Agre��nent, the City Council shaiI review and provide Employee with
an evaluation of hi� performance based on criteria established by the Council with Employee's
assista�ice. The City Council shall conduct such evaluation annually tl�ereafter. N�twithstanding
fhe foregoii�g,the Ci�y Couz�cil may eval�ate Employe� at any tirr�e.
13. Other Tez-ms az�d Conditions of Ernp�oyment. The City Council rnay froYn time to
time fi� other terrns and conditions of �mploymeiit relating to �he �erfortnance o� Employee
pravided sucl�terms and conditions are nat i�iconsistent with or in conflict wi�h the pravisio��s of
this Agreeznent, fhe M�nzcipal Code, or oth�r applicable law.
14. Genexa�Provzsions.
A. The text herein sllail constitute the ez�tire agreement betweei�the parties.
B. If Einployee dies or becomes inca�aacitated dt��:zng the term of tl�is Agreement,
any accrued and unpaid wages provided by the tei7ns of this Agreeincnt shali be paid by City to
En�ployee's spo��se.
C. If any �arovi�ion or portion her�of confained in thzs Agreeinent is held to be
�anconstitutional, invalid or un�nforceable the remainder of this Agreeznent or portion tlzereof
shall be dee�ned severable and silall not be affected and shall remain in full force and e�fect.
D. City agrees to deEend and indemnify Employee in accardance w�th the Cali�oi�ia
Governmen# Code.
E. City sllall bear the cost of any fidelity ar other bonds required of Em�loyee under
any law or orc�inance. This Agreetnent may be changed or amended by the mutual written
consez�t of City and Employee. Any benefits ta En�ployee under this A�•eernen� �ay be
increased or added to by motior� af the City Coutaczl withaut foi�nal atl2e�dm�nt to the
Agreement.
F. Em.ployee zs expected to conforrn to the ICMA Code oF Ethics and xnust coznply
witl�ail applicable pxovisions of tl�e City's conflict of interest code.
IN WITNESS WHEREOF the parties ha�e executed this Agreeinent as of the day and
year fi�st above writtei�.
�
EMPLOYEE � , JR.;
;
CITY 4�' DIAM4ND BAR JIMM �
� ` r.
MAYOR -�
ATTE T: F...�� �
�' �
CITY CLE , f OMMYE CRIBBINS
i
AP RO D A F RM:
DAV�D DE ERR , I A ORNEY